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200405934 SECTION 4 Trade Contract Price 4.1 Trade Contract Price: The Trade Contract Price to be paid by SIGNATURE out of funds received from the Owner to the Trade Contractor for Trade Contractor's performance and completion of the Work, and all its duties, obligations and responsibilities in strict conformance with the terms and conditions of this Trade Contract and the Contract Documents is set forth in Section 1.6. The Trade Contract Price shall be subject to additions and deductions as provided herein. 4.2 Condition Precedent to Payment: Receipt of payment by SIGNATURE from the Owner is a condition precedent: 4.2.1 to the right of Trade Contractor to receive payment from SIGNATURE, unless the failure to have received payment from the Owner shall have been caused solely by the fault of SIGNATURE; and 4.2.2 to the Trade Contractor's right to make any claim against SIGNATURE's payment bond, if a payment bond is posted for the Project. 4.3 Taxes Included in Trade Contract Price: The Trade Contract Price includes all taxes of any kind whatsoever. 4.4 Trade Contract Price as Full Payment: Trade Contractor accepts the Trade Contract Price as full and complete payment for Trade Contractor's Work, including Trade Contractor's cost of labor and materials, permits, fees, taxes, profit, overhead and any and all other costs of performing Trade Contractor's Work. 4.5 Trade Contract Price Not Based on "Or Equal" Materials: The Trade Contract Price is based on the exact materials specified in the Contract Documents and is not contingent upon approval by SIGNATURE, the Owner or the Architect of any submission by Trade Contractor of substitute "or equal" materials. Any proposed change of materials after execution of this Trade Contract will be governed by any applicable provisions of the Contract Documents. SECTION 5 Payment 5.1 Schedule of Values: After the execution of this Trade Contract, Trade Contractor shall submit to SIGNATURE in a form designated by SIGNATURE, a complete and accurate proposed schedule of values for all of Trade Contractor's Work (the "Schedule of Values "). The proposed Schedule of Values shall: subdivide the Work into its component parts in such detail and with such supporting evidence as SIGNATURE may direct; and include all quantities, prices and unit prices for each of the component parts comprising the Trade Contract Price and any other information or documents SIGNATURE reasonably may require. Each allocation to a component part of the Work shall include the proportionate share of Trade Contractor's overhead and profit. The total of the Schedule of Values must equal the Trade Contract Price. Trade Contractor shall submit all of its progress payment applications based upon the approved Schedule of Values unless it is found to be in error or in conflict with the procedures or determinations of SIGNATURE, the Owner or the Architect regarding payments. If, at any time during the performance of the Work, the Schedule of Values is found to be in error, or otherwise unsatisfactory to SIGNATURE, the Owner or the Architect, Trade Contractor immediately shall revise and resubmit to SIGNATURE a revised Schedule of Values, correcting all errors or conflicts. No progress payment will be made to Trade Contractor until the Trade Contractor's Schedule of Values is approved by SIGNATURE, the Owner and the Architect and Trade Contractor has delivered to SIGNATURE: (i) the contract deliverables required by Section 6. 1), (ii) any bonds required by Attachment D, and (iii) the Certificates of Insurance required by Attachment C. 5.2 Progress Payment Applications: As directed by SIGNATURE, Trade Contractor shall submit to SIGNATURE by the 25' of each month an itemized progress payment application in the form designated by SIGNATURE. Trade Contractor's progress payment applications will be used in SIGNATURE's Applications for Payment to the Owner. Each progress payment application shall show the estimated value / Initial _